Reply #59: Ohio State Supreme Court [View All]

as I understand it. So their Rules of Practice would apply. Rule X Section 5 covers original actions, and provides 21 days for answers and motions to dismiss. http://www.sconet.state.oh.us/Rules/practice/ has all the rules.

I agree with you on waiting til Mon. It also puts more pressure on Rs to expend time and energy anticipating *possible* arguments over the weekend, rather than researching responses to what arguments are actually raised. Bigger headlines with "Expected Certification Will Not Occur" -- apparently will be addressed to one Justice, I imagine because they're basically asking for a preliminary injunction.

Big Point there -- one justice, Ohio justices are ELECTED. Moyer probably can't hear it (on prelim or on the merits) because of recent reelection and his race provides most of the comparison numbers. Pfieffer is open to question since he ran unopposed (tells you something when the Rs don't oppose a SCt candidate), but he wrote a weekly newsletter on the subject of how smoothly the election ran and what a relief that it wasn't going through the courts, so there's an additional basis for recusal if Arnebeck wants one.

How many of the remainder do you think are willing to go out on Blackwell's limb all on their lonesome? (and there are a couple Dems - Resnick is a respected and honorable justice, but was also the subject of the all-out attack campaign Arnebeck was referring to, but I don't think that would require her recusal.)

Either way, they know it will be appealed to the whole panel. But by denying the prelim injunction pending investigation and possible mandamus orders to Blackwell, any justice would sign their political death warrant in OH. (Although one could argue potential rewards from the wh cabal - which I am not implying about that bench, re: federal appointment, etc., the backlash for confirmation would be big, it would have had to be set up in advance for quid-pro-quo, and assignment not certain, too much focus now to allow for back-door dealings.)